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When a company in Quebec plans to carry out a collective dismissal, it must comply with certain legal obligations, including sending a notice to the Minister of Employment and Social Solidarity (MESS). This notice is essential to ensure that employees' rights are respected and to facilitate the implementation of appropriate support measures. Let's explore in detail what a notice to the minister involves in a collective dismissal.
This blog post should not be considered as legal advice. It aims to provide general information. For legal advice tailored to your specific situation, we recommend consulting a legal expert.
What is a Notice to the Minister?
A collective dismissal occurs when a company decides to terminate the employment contracts of several employees within a short period. According to Quebec legislation, if a company plans to lay off 10 or more employees from the same establishment within a period of two months or less, it must send a notice to the minister. Here are the deadlines for sending this notice according to the number of employees affected:
| Number of Affected Employees | Notice Period |
|---|---|
| 10 to 99 employees | 8 weeks |
| 100 to 299 employees | 12 weeks |
| 300 employees or more | 16 weeks |
Notice Process to the Minister
To submit a notice of collective dismissal, the company must fill out the appropriate form available on the CNESST website. The notice must be clear and detailed, including the reasons for the collective dismissal, the planned date of dismissals, and the number of affected employees. Once the notice is received, the Ministry's Business Services staff will contact the company to follow up and discuss the reassignment assistance services available for dismissed employees.
Formation of a Reassignment Assistance Committee
In cases where 50 or more employees are dismissed, the company has a legal obligation to participate in forming a reassignment assistance committee. The purpose of this committee is to facilitate the transition of dismissed employees to new career opportunities. It provides information, support, and job search services, helping employees reintegrate into the job market. These services are commonly known as "Career Transition" or "Outplacement Services." Leduc HR can assist you in implementing these services.
Importance of Notice to the Minister
Providing notice to the minister during a collective dismissal is an important step to ensure responsible and humane management during this transition period. Not only does it help fulfill legal obligations and avoid sanctions, but it also ensures that affected employees receive the necessary support for their career transition. The implementation of reassignment assistance services and follow-up by the ministry helps mitigate the effects of collective dismissals, both for employees and the company.
For more information, you can consult the official Government of Quebec page on collective dismissal here.
